already challenging year. check this out, showing appreciation for the people who help us put food on our table during the holidays. the group farm worker caravan is delivering 2,400 precooked homemade tamales. they're also delivering warm clothes like coats and socks along with toys and christmas stockings for the kids. the group partnered with a loss. the san jose fire department and the non-profit los bomberos. the cbs evening news is next. local news continues on our streaming service cbs news bay area. i'll see you at 5:00. ♪ ♪ >> margaret: tonight, breaking news. the biden administration secures a deal with venezuela for the release of ten americans. why the white house is trying to repair relations with the major oil-producing country.

♪ ♪ new details about the americans freed and why president biden made the tough call to release the venezuelan president alleged moneyman from u.s. custody. donald trump back on the campaign trail after the bombshell court decision that could remove him from colorado's primary ballot. his g.o.p. rivals criticizing the move. >> this is a flagrant violation of the rule of law. spiegelman renewed hope for another cease-fire between israel and hamas in exchange for the release of more host hostages. the new warning about lithium-ion batteries. what you need to know for your holiday shopping. >> so pretty. >> margaret: at a hospital's holiday tradition is making spirits bright. >> i love it! ♪ ♪ >> margaret: good evening.

i'm margaret brennan infra norah o'donnell. we begin tonight with new details about a major prisoner swap between the u.s. and venezuela. ten americans including several in the u.s. considered wrongfully detained for a release from south american country today, in exchange for a close ally of venezuelan president nicolas maduro, a leader who himself is under u.s. indictment for narco trafficking. as part of the deal, an american fugitive known as "fat leonard," who fled the country before being sentenced for his role in the bribery and corruption case, will be sent back to the u.s. to face justice. the deal is one step in president biden's latest efforts to improve relations with maduro's venezuela, after offering sanctions released this fall. that country is the source of the largest migrant crisis in the western hemisphere, directly impacting the u.s. border. cbs's ed o'keefe leads us off at the white house. good egood evening, ed. >> reporter: margaret, last year the biden administration

sent a convicted murderer to russia for wnba but superstar brittney griner. this time of someone who pleaded guilty to ripping off the u.s. navy command ten americans are now home, and a big fugitive is back in custody. president biden tonight heralding a deal that kept seven months of talks to get back detained americans. >> we have no higher priority than the release of the ten men or hostages come americans being held hostage. >> reporter: among the released, eyvin hernandez, public defender from los angeles who had been detained since march 2022. before his release, hernandez sent a letter to the president asking for help and recorded this audio message obtained exclusively by cbs news. >> there is nothing that i want more than my own liberty and the liberty of my fellow brothers and sisters who are currently being held in captivity with me. >> reporter: also coming back to the u.s., leonard francis, widely known as "fat leonard," who had been awaiting sentencing for overseeing one of the most brazen bribery conspiracies in the u.s. navy's history, before

escaping last year. a former military contractor, he pleaded guilty to bribing navy officers in exchange for classified information and for overcharging the military by millions. in exchange, the u.s. sent back alex saab, someone close to maduro, accused by u.s. prosecutors of money laundering on behalf of maduro's government. president biden defendr then moved and i. >> why is it okay with the united states to be associated with maduro's government? >> it's okay because we freed americans that were held illegally. i made a deal with venezuela that they'll hold free elections. so far they have maintained the requirement. >> reporter: in venezuela, maduro embraced saab, who claimed his friend had been physically and psychologically tortured. u.s. officials tonight denied maduro's claims of torture. the deal took bipartisan condemnation over concern whether it will embolden maduro, but families of released americans think the bite and demonstration. the mother of one detainee

called the officials who negotiate of the deal "rock stars." margaret? >> margaret: reunited for christmas. thank you, ed. nation's highest court could soon find itself wading into presidential politics for the first time in more than two decades. yesterday, the colorado state supreme court ruled that former president donald trump could be removed from that state's primary ballot. cbs's robert costa is following the fallout. >> reporter: former president donald trump fighting back against an unprecedented ruling in colorado which founded the republican front-runner ineligible for the states ballot. his lawyers vowed to appeal. >> can you believe what is going on in our country? >> reporter: the controversial 4-3 decision said that trump was disqualified from seeking the presidency due to his engagement in an insurrection. and called out his direct and express efforts extorting his supporters to march to the capital. an appeal will likely pull the

supreme court deeper into the 2024 election. >> will they take it? i think most people will say they almost have to. and they have to move super quickly because colorado is going to finalize its ballot in about two weeks. >> reporter: tonight, the former president is asking the supreme court to put off weighing a separate issue, whether presidential immunity protects him in the 2020 election interference case. special counsel jack smith is asking the court to fast-track that question. with the first cast ballots of 2020 for less than a month away, trump's republican rivals have weighed in. >> this is all intentional. this is what the democrats and the left want to. >> we should have this race fair and square, with him on the ballot just like everybody else. >> reporter: ran across the aisle, president biden pulling no punches about january 6th. >> is trump an insurrectionist, sir? >> let the court make the decision. but a certainly support an

insurrection. no question about it. >> reporter: my top republican sources tell me they don't expect trump's rivals to take him on directly on this but they expect them to ratchet up their concerns about the chaos that surrouds him, to use a were used by former investor nikki haley, as a way of getting to questions, margaret, about trump electability. >> margaret: bob costa, thank you. we turn now to the crisis at the southern border of the u.s., where officials say more than 20,000 migrants were processed in the past two days. now the republican governor of texas is taking aggressive steps to stop illegal border crossings. cbs's omar villafranca reports tonight from eagle pass, texas. >> reporter: tonight, thousands of migrants sitting side-by-side in rows, overcrowding border towns and overwhelming border patrol agents. nearly 7900 migrants were apprehended every day last week across the southern border. up from an average of 6,000 a day in october.

yesterday, more than 10,500 crossed. more than 4,000 alone here in the del rio center. women and children can be seen weeping through razor-sharp concertina wire to claim assign him. the migrants in this makeshift staging area are technically not in federal custody as they wait to be processed. texas governor greg abbott signed sb-4 into law and if it goes into effect in march, that means that state troopers and deputies could charge and arrest migrants like these behind me for illegally crossing the border. but maverick county sheriff tom schmerber says his border community doesn't have the staff to enforce abbott's sb-4 law. >> it's taken away manpower from the security that we are supposed to be doing here in the county. we don't want to do it. it's going to be impossible. >> reporter: meanwhile, the desperation is mounting. in this disturbing video from last week, a woman is seen holding a young child while trying to cross the fast-moving

rio grande. she repeatedly cries for help, telling nearby texas national guard and state troopers she is tired and doesn't want to drown, but they don't intervene. cbp airboat also speeds by the scene. eventually, she makes it safely back to the mexican side. from here, these migrants are being taken by bus to laredo or del rio to be processed. texas governor greg abbott says he will continue sending migrants by bus and now by plaintiff sanctuary cities. as for his immigration law, several civil rights groups have filed to try to stop the controversial measure. margaret? >> margaret: omar villafranca, thank you. president biden today said there is still no deal to bring home american hostages held by hamas in gaza. today, secretary of state antony blinken that hamas is holding up progress and that israel would be willing to return to a pause in military operations in return for a hostage release.

imtiaz tyab reports tonight from jerusalem. >> reporter: gaza is gripped with hunger. in the south, lines as far as the eye can see, as people wait hours for something to eat. according to the u.n., israel has only allowed 10% of the necessary food into gaza, pushing half the population of more than 2 million into starvation. as the israeli military continues to carry out massive strikes, hands poke out from under the rubble near raw file. more victims in this brutal 11-week roar which is already claimed the lives of over 20,000 palestinians, according to the hamas-run ministry of healt. "i was with my cousin playing in the street," this little girl says. "a rocket exploded, and all of this rubble fell on top of us." but in what is being described as "intensive talks" on a new cease-fire, hamas' political leader, ismail haniyeh, arrived in cairo made reports a

breakthrough could be possible in the coming days. the gulf between israel and hamas are maids huge. hamas says it will only discuss a permanent cease-fire, while israel says it will only agree to limit and the humanitarian pauses until all hostages are released and hamas is defeated. "those who think we will stop are not connected to reality" component prime minister benjamin netanyahu said, but afr three hostages were accidentalli soldiers, sparking fury across israel, and putting on my netanyahu under even more pressure to make a deal. and the u.n. security's out know my counsel again delayed a vote on a new resolution to get desperately needed aid into gaza, where there is growing home tonigh the u.s. may actually support the resolution with some changes, despite israel's staunch objections to it. margaret? >> margaret: that would be a big statement. imtiaz, thank you. the death toll from that recent east coast storm rose to at

least six after another victim was recovered in maine. in new jersey, more people were rescued from flooded homes today. two days after the region was hit with torrential rain. tonight, the severe weather threat is in the west. let's get the forecast from meteorologist chris warren with our partners at the weather channel. >> good evening, margaret. we are tracking a big system that is slow moving and expected to bring a lot of rain to california, then in some of the in lamp deserts come into arizona. the slow-moving nature of this means that several inches of rain could fall, leading to mudslides, rock slides, damaging winds are also possible, especially with some of the thunderstorms. chances for a white christmas limited to the mountains and perhaps to nebraska and some of the dakotas here, but what is going to be extremely noticeable on christmas eve and on christmas day, margaret, will be those temperatures that will be relatively warm, into the 50s for much of the great lakes. >> margaret: work resumed

today to resume a more than century old confederate monument at arlington national cemetery in virginia, which was built on the site of general robert e lee's family home. cbs's nicole sganga reports on the latest controversy over confederate history. >> reporter: a federal judge has cleared the way for this symbol of the american confederacy to be hoisted off its 32-foot pedestal. dismantled by crews at arlington national cemetery. the latest flash point in a year's long political debate prompting deadly violence in charlottesville in 2017, and protests nationwide. the statue is just one of nearly 500 confederate symbols removed, renamed, or relocated since jun. scott powell is the spokesperson for defend arlington group mother group that won a temporary restraining order stag the statue's removal. >> this is very heavy equipment, and this is a pretty tightly

packed cemetery. so it is very easy for there to be a disruption or a damaging of a gravesite. >> reporter: but in a ruling tuesday, after touring the monument site himself, the judge called defend arlington group's claims misinformed or misleading and ordered the removal to continue. rivka maizlish is with the southern poverty law center. >> the cause the confederacy fought for in the civil war, but after losing that war decided to try to win a second war. a war of ideas. by putting up these symbols of white supremacy. >> reporter: is that war still being fought today? >> that were began right after lee surrendered, basically, and i think is still going on today. >> reporter: a spokesperson for arlington national cemetery said the statue will come down by friday. meanwhile, the virginia governor's office has announced plans to move it to new market battlefield state park in the

shenandoah valley. margaret? >> margaret: nicole, thank you. as christmas fast approaches, fire officials are warning of the dangers of rechargeable lithium-ion batteries. they have been blamed for sparking hundreds of fires, including some that turned deadly. cbs's elaine quijano reports on how you can protect your family. >> it was very unexpected. >> reporter: for the first time in 16 years, migdalia torres will spend the holidays without her partner, hiram echevarria was the father of her children and an artist. >> this is his artwork. >> reporter: he just turned 40 this year. >> i think they kind of knew already that the explosion was caused by the e-bike. >> reporter: this month, echevarria became the 18th person in new york city this year to die in a fire linked to a lithium-ion battery. if these rechargeable batteries are improperly made or used... [explosion] the results can be explosive. like this flaming battery and

chager lighting up a california garage, and this fire caused by a failed battery in a children's toy in texas. this is all evidence. >> yeah, all evidence. you know, each one of these cause either a massive fire or death, or both. these will go from, you know, nothing to a sudden explosion of fire. we cease first responders not able to get in. >> reporter: gabe knight is with consumer reports. >> while the onus should absolutely be on the manufacturer, and should be on the seller, right now it is a little bit of buyer beware. >> reporter: consumer reports advice? always buy from reputable companies with safety certifications. don't mix different manufacturers batteries and chargers. don't leave them charging them charging unattended or near flammable items. and don't block your exit path with these devices. migdalia torres hopes others heed the warnings as she grieves. >> he was practically my best friend. it was just very unfortunate. >> reporter: elaine quijano, cbs news, new york.

>> margaret: and there is an update tonight on that erupting volcano in iceland, and some spectacular new image is. next. ♪ ♪ travel. there is nothing like it dancing is my passion. but with my moderate-to-severe eczema, it hasn't always been easy. i was constantly itching. whatever i was doing now, i'm staying ahead of my eczema there's a power inside all of us to live our passion. and dupixent works on the inside, to help heal your skin from within.

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photographer who had worked for the station for years. authorities say a volcanic eruption in iceland is calming down, as they continue to monitor the air for toxic gas. the eruption opened a two and a half mile long fissure with lava blasting nearly 100 feet into the air. bilal is now less than 2 miles from the nearest village. residents have been told they will not be able to return home before christmas. tonight, a major recall involving approximately a million toyota vehicles. that consumer alert is next. ♪ ♪ >> announcer: if you can't watch the "cbs evening news," you can listen. subscribe wherever you get your podcasts.

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>> margaret: toyota is recalling roughly a million vehicles because of a defective airbag sensor. the recall affects various 2020-2022 camry, corolla, rav4, lexus, highlander, and ciena models. toyota says a short-circuit in the sensor can cause the airbags

to malfunction. the centers prevent the bags from deploying into small adulte front seat. volunteers at a children's hospital in texas are delivering joy this christmas. that straight ahead. ♪ ♪ >> announcer: this portion of the "cbs evening news" is sponsored by the progressive keys to progress program, providing cars to veterans in need. ♪ ♪ to, progressive provides 24/7 protection for almost everything you own. -but do you really need... -my weighted hoop? it's for my snatched waist. that's my dog chaise lounger. foot treadmill. that's my tuesday chalice. purse that says purse. hyperbaric oxygen therapy chamber. i can't live without oxygen. solid gold coffee machine. -lake making kit. -really? -can progressive cover that too? -yes, but -- -hi it's janice. i'll take 5. is my voice on tv right now?

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>> margaret: we end tonight with a special gift for some children who can't be at home for the holidays. here is cbs's janet shamlian. >> reporter: this is where william wilson will spend christmas: a hospital room, where the 8-year-old is fighting a blood disorder. >> just a minute. >> reporter: surrounded by machines and tubes, it is not what a child dreams of. but at houston's texas children's hospital... >> want to look at those trees? >> reporter: there is magic beyond the medicine. >> that you want that one? >> reporter: amp the 16th floor looks like a high-end holiday store. >> so pretty. it's so beautiful and colorful. >> reporter: there is a barbie themed tree. >> choo-choo. >> reporter: sports teams and sweet treats. each child can choose one for their room. >> i like all of them. >> reporter: decorated by people who won't meet them.

>> this is hard. >> it's really hard. >> reporter: but it will make a difference in their holiday. >> what would it be like to have a tree like this in your room? >> i'm going to show it off to everybody. >> i like this. >> is that one the one? >> reporter: wilson went with a hot wheels tree. >> wow! thank you. >> reporter: much more than a christmas tree, it's a stability of tradition at an uncertain time. >> i love it! [laughter] >> reporter: janet shamlian, cbs news, houston. >> margaret: that's tonight's >> judge judy: what kind of dog were you walking? >> an american bull mastiff. >> judge judy: that's a lot of power. >> announcer: this teen tried her best to hang on. >> when they got to the sidewalk, the girl fell. the dog, at that point, bit my dog. >> announcer: but it's not so simple for mom and dad. >> but, your honor, if i may say, though -- >> judge judy: don't try to make excuses. that's the wrong thing to do. >> your honor, what you're losing is the character of our plaintiff. he has a flawed character as a dog owner. >> announcer: "judge judy."

you are about to enter the courtroom of you are about to enter the courtroom of judge judith sheindlin. captions paid for by cbs television distribution stuart bernstein and his son, josef bernstein, are suing their neighbors, cheryl and troy allen, for vet bills after the defendants' american bull dog attacked their dog. >> byrd: order! all rise! your honor, this is case number 570 on the calendar in the matter of bernstein vs. allen. >> judge judy: thank you. >> byrd: you're welcome, judge. parties have been sworn in. you may be seated. ladies, have a seat. >> judge judy: who was walking the dog? >> i was. >> judge judy: were you there? >> not for the walking of the dog. >> judge judy: then it's not particularly relevant. why don't you have a seat. mr. bernstein, you were walking a dog. >> yes, i was. >> judge judy: i think you said it was your wife's service dog. >> correct. >> judge judy: what kind of a dog is it? >> it's a belgian malinois. >> judge judy: do you have a picture of that dog? >> yes, i do. >> judge judy: i'd lik